The Notice is issued pursuant to Rule 23 of the Federal Rules of Civil Procedure and the Order of the United States District Court for the Southern District of New York (the “Court”), entered April 6, 2020, certifying the above action as a Class Action. The purpose of the Notice is to inform you of: (a) the pendency of the captioned class action before the Honorable J. Paul Oetken in the United States District Court for the Southern District of New York (the “Action”); (b) the certification of the Class defined above, of which you may be a member (“Class Member”); and (c) your right to be excluded from the Class. This Action has not been settled and continues to be litigated. Accordingly, no claim form need be filed at this time.

If you purchased or otherwise acquired shares of Mylan common stock during the period of February 21, 2012 through May 24, 2019, both dates inclusive, you may be a member of the Class. As a Class Member, you will be bound by the result of any trial of the Action, any judgment entered by the Court, and any determination made by the Court, unless you timely mail a request for exclusion, as described below, postmarked no later than June 28, 2021.

The Class Representatives in this action are Menorah Mivtachim Insurance Ltd Menorah Mivtachim Insurance Ltd., Menorah Mivtachim Pensions and Gemel Ltd., Phoenix Insurance Company Ltd., Meitav DS Provident Funds and Pension Ltd., whom the Court has appointed to represent the Class.

The Defendants in this action are Mylan and certain of Mylan’s former members of management and directors (collectively, the “Defendants”.)

The Third Amended Class Action Complaint (“Complaint”) alleges  three categories of misconduct on the part of Mylan that make statements by Defendants to investors false and misleading:  (1) Mylan knowingly misclassified the EpiPen for the purposes of the MDRP; (2) Mylan offered anticompetitive rebates on EpiPen in order to eliminate competition and inflate the price of the EpiPen; and (3) Mylan was a central participant in a massive cartel among generic drug companies that allocated the markets for, and fixed the prices of, generic drugs.  This is an action for violations of Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder and Section 20(a) of the Exchange Act.

The Defendants emphatically deny all claims and wrongdoing asserted in the Complaint and any liability arising out of the conduct alleged therein.  The Defendants deny that the EpiPen was misclassified for purposes of the MDRP; that its rebates on EpiPen were anticompetitive; or that it participated in a cartel or conspired to allocate the markets for, or fix the prices of, generic drugs.  The Defendants further deny that any of the Defendants made any materially false or misleading statements regarding the alleged misconduct.  The Defendants filed an answer to the Complaint on April 27, 2020, denying all material allegations and asserting multiple defenses.

The Court has not made any determination about whether the Defendants engaged in any alleged misconduct or wrongdoing.

The Notice is being sent to notify you that you may be a member of the Class whose rights could be affected by this Action.  It is not an expression of any opinion by the Court concerning the merits of the Action.  There is no assurance that a judgment in favor of the Class will be granted.  The Notice is intended to advise you of the pendency of the Action and of your rights with respect to the Action, including the right either to remain a Class Member or to exclude yourself from the Class.

There is no settlement or judgment in the Action at this time.  In the event of recovery, you will only be able to share in a recovery in this Action if you are a member of the Class and were damaged thereby.

You are a member of the Class if you purchased Mylan N.V. and/or Mylan N.V.’s predecessor, Mylan Inc., common stock between February 21, 2012 and May 24, 2019, both dates inclusive.

If you wish to remain a Class Member, you are not required to do anything at this time. If you do nothing, you will remain a Class Member and will be bound by the result of any judgment, before or after trial, whether favorable or unfavorable.  If you choose to remain in the Class, you will not be able to pursue a lawsuit on your own with regard to any of the issues that were or could have been decided in this Action.  If you remain in the Class, you are not personally responsible for any expenses or attorneys’ fees.  If there is a recovery, you may be entitled to share in the proceeds, less costs, expenses, plaintiff reimbursement award and attorneys’ fees as the Court may allow out of any recovery.

There is no settlement or judgment in the Action at this time.  In the event of recovery, you will only be able to share in a recovery in this Action if you are a member of the Class and were damaged thereby.

The Class is represented by:

Jeremy Lieberman, Esq.
Pomerantz LLP
600 Third Avenue
20th Floor
New York, New York 10016
Telephone: 212-661-1100

If you desire to be excluded from the Class, you must state so in writing.  Your request for exclusion must state:  the name and address of the person or entity requesting exclusion, that such person or entity requests exclusion from the Class in this Action, the number of Mylan shares purchased or acquired and the date the Mylan shares were purchased or acquired, and must be signed by that person or entity requesting exclusion from the Class.  Requests for exclusion must be transmitted by first class mail or overnight delivery service to the Notice Administrator at the following address:

Mylan Securities Litigation
c/o JND Legal Administration
PO Box 91375
Seattle, WA 98111

To be effective, your Request for exclusion must be postmarked no later than June 28, 2021.

If you wish to participate in this Action, do not request exclusion.  If you exclude yourself from the Class, you will not be bound by any judgment or decision by the Court in this Action, but you will also not be entitled to share in the benefits of any judgment favorable to the Class or from any Court-approved settlement that may be entered into on behalf of the Class.  If you request exclusion, you would be entitled to pursue any individual remedy which you may have, but only at your own expense.